CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO. 2017-04 Held on Wednesday, April 5, 2017, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Chairperson Philip Weinberg called the meeting to order at approximately 7:00 p.m. Ms. Leeta Jordan led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRPERSON: Philip Weinberg Present VICE CHAIRPERSON: Wendall Stroderd Present MEMBER: Leeta Jordan Present MEMBER: Khalilah Maragh Present MEMBER: William Pezzillo Present MEMBER: Rainer Warner Present MEMBER: Thomas Woody Woodrum Present MEMBER: Michele Quinn Absent (Excused) (School Board Appointee) CITY STAFF: Present were Mr. Patrick Murphy, Assistant Growth Management Director; Mr. Robert Loring, Planner; Mr. Christopher Balter, Planner; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. James Stokes, Board Attorney. ADOPTION OF MINUTES: 1. Regular Meeting No. 2017-03. Motion by Mr. Pezzillo, seconded by Mr. Stroderd to approve the minutes as presented. The motion carried with members voting unanimously. ANNOUNCEMENTS: 1. Mr. Weinberg addressed the audience on the meeting procedures and explained that the consists of volunteers who act as an advisory board to City Council.
Page 2 of 7 OLD BUSINESS: 1. CU-10-2017 GATOR INTERCHANGE PARTNERS, LLLP (WILLIAM GOLDSMITH) Mr. Murphy presented the staff report for Case CU-10-2017. The applicant had requested a conditional use to modify a binding site plan for additional commercial development within the Interchange Square Plaza. Staff recommended Case CU-10-2017 for approval with conditions. Ms. Maragh questioned whether the existing retention pond would remain on the property. Mr. Murphy described how a third of the retention pond would be filled in and its northeast section reconfigured. Mr. Pezzillo asked if a new driveway was planned for the site, and Mr. Stroderd inquired about the stand of trees that staff wanted preserved. Mr. Murphy indicated the location of the proposed driveway and the existing stand of trees. Mr. Derrick Cave and Mr. Jacob Lawson with Kimley-Horn and Associates (the project engineers of record) described how the rearrangement of the retention pond would be designed for drainage consistency and to add compensatory storage. Reconfiguration of the parking lot would also add additional parking spaces. A drainage permit had been received from the St. Johns River Water Management District. The oak tree on the site would be preserved; however, the palm trees did not appear to be in great shape and would be replaced with landscaping. A traffic study had been prepared, and there were no other concerns with the staff report. Mr. Warner questioned whether the proposed driveway would extend to the rear of the site. Mr. Cave confirmed that the new driveway would connect with the overall property. Mr. Weinberg was concerned about the driveway s proximity to the existing access near the east side of Bank of America. Mr. Lawson stated that the traffic study did not reveal any significant issues regarding the proposed driveway. The floor was opened for public comments.
Page 3 of 7 Mr. William Goldsmith (applicant) informed the board that he owned the Interchange Square Plaza. He explained that the submitted site plan was attached to a lease agreement with Starbucks. Site modifications to preserve the oak tree would be acceptable; however, the proposed ingress/egress was important to reducing onsite traffic flow. He emphasized how the planned improvements would be an integral part of the shopping center s long-term viability. The floor was closed for public comments, and there were no letters in the file. Motion by Ms. Jordan, seconded by Mr. Stroderd to submit Case CU-10-2017 to City Council for approval of a conditional use to modify a binding site plan for additional commercial development within the Interchange Square Plaza subject to staff recommendations. The motion carried with members voting unanimously. City Council will hear Case CU-10-2017 on April 20, 2017. NEW BUSINESS: 1. SP-13-2017 MICHAEL J. MINICK The applicant for Case SP-13-2017 was not in attendance. The board wanted the applicant present to represent the request. Motion by Mr. Pezzillo, seconded by Mr. Stroderd to continue Case SP-13-2017 to the May 3, 2017 Planning Zoning Board Meeting at 7:00 p.m. The motion carried with members voting unanimously. 2. V-14-2017 FRANK GABRIEL Mr. Balter presented the staff report for Case V-14-2017. The applicant had requested a variance to grant relief from Section 185.118(A)(4) of the Code of Ordinances in order to allow an existing screened patio to encroach 3.3 feet into the 25-foot side corner setback; a proposed shed to encroach 23 feet into the 25-foot side corner setback; and relief from Section 170.114(A) of the Code of Ordinances in order to allow an existing fence to encroach 15 feet into the 15-foot side corner yard setback. The board had to determine, based on the facts presented, the degree of minimal relief to meet the needs of the variance request, as required by Section 169.009 of the City of Palm Bay Code of Ordinances.
Page 4 of 7 Ms. Jordan wanted to know how long the subject fence had existed at the site. Mr. Balter explained that the actual installation date of the fence was unknown since the permits that the two previous property owners had attempted to pull were incomplete. Mr. Pezzillo commented that the need for the variance seemed self-induced and excessive. He questioned the large size of the proposed shed. Mr. Frank Gabriel (applicant) explained that his current home was smaller than his previous residence. He purchased his house as-is and had assumed that the pool, fence, and porch on the provided plat were fine. The proposed shed would be used for storage, woodworking, and crafts; and his existing six-foot high fence offered security. Mr. Weinberg noted that the screen enclosure and fence under consideration were already in place, and that the neighbors had no concerns. The proposed shed would be large, but the yard was already fenced. The floor was opened for public comments. Mr. Courtney Reid (lot owner at Cyclone Street NW) inquired whether the shed would affect his lot to the north and rear of the site. Mr. Gabriel reiterated that the shed would be located within the fenced yard and on the west side of the property. The floor was closed for public comments, and a five-signature petition in favor of the request was in the file. Motion by Ms. Jordan, seconded by Mr. Warner to submit Case V-14-2017 to City Council for approval of a variance to grant relief from Section 185.118(A)(4) of the Code of Ordinances in order to allow an existing screened patio to encroach 3.3 feet into the 25-foot side corner setback; a proposed shed to encroach 23 feet into the 25-foot side corner setback; and relief from Section 170.114(A) of the Code of Ordinances in order to allow an existing fence to encroach 15 feet into the 15-foot side corner yard setback. The board discussed conditioning the variance on obtaining appropriate permits. Ms. Jordan withdrew her motion.
Page 5 of 7 Motion by Ms. Maragh, seconded by Mr. Stroderd to submit Case V-14-2017 to City Council for approval of a variance to grant relief from Section 185.118(A)(4) of the Code of Ordinances in order to allow an existing screened patio to encroach 3.3 feet into the 25-foot side corner setback; a proposed shed to encroach 23 feet into the 25-foot side corner setback; and relief from Section 170.114(A) of the Code of Ordinances in order to allow an existing fence to encroach 15 feet into the 15-foot side corner yard setback, subject to the condition that a permit for the shed was obtained. The motion carried with members voting as follows: Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum Nay 3. CP-12-2017 - EVANS CENTER INC. (LYNN BROCKWELL-CAREY) Mr. Murphy presented the staff report for Case CP-12-2017. The applicant had requested a Comprehensive Plan Future Land Use Map small scale amendment from Single Family Residential Use to Public/Semi-Public Use. Staff recommended Case CP-12-2017 for approval, pursuant to Chapter 163, Florida Statutes. Mr. Stroderd wanted to know what other uses would be allowed at the subject site if the planned project was to fail. Mr. Murphy indicated how public uses like churches, cell towers, and governmental buildings would be permitted. However, the applicant was proposing to construct a multi-purpose facility that would benefit the immediate community. Financial backing was in place and the project was ready to move forward. Ms. Lynn Brockwell-Carey (applicant and project manager) stated that Evans Center Inc. was a nonprofit organization that would provide outreach programs focused on health and wellness and job training to the Powell s Subdivision, the Driskell Heights neighborhood within the Bayfront Community Redevelopment District. The proposed land use was consistent with the site s existing IU, Institutional Use zoning designation.
Page 6 of 7 Mr. James Bartell (board president of Evans Center Inc.) stated that the Evans Center would provide a food market with healthy foods and gainfully employ area youth. Brevard Health Alliance would operate a clinic at the site, and classes like parental training would be held in the multipurpose room. Mr. Woodrum asked if the community was canvased for their input. Mr. Bartell described how every resident in the area for the last six years had continually been apprised about the project. Two thousand surveys inviting community input were hand delivered to each home in 2011. Mr. Pezzillo inquired about the size of the proposed building. Mr. Bartell noted that the facility would be just under 6000 square feet in size with the store at 3200 square feet, the medical area at 1000 square feet, and the multipurpose room at 1700 square feet in size. The floor was opened for public comments. Ms. Fay Higgins (interested citizen) spoke in favor of the request. She wanted to know if agencies such as Career Source Brevard would be involved with the center. Ms. Brockwell-Carey confirmed that this was correct. The floor was closed for public comments, and there were no letters in the file. Motion by Mr. Pezzillo, seconded by Mr. Ranier to submit Case CP-12-2017 to City Council for approval of a Comprehensive Plan Future Land Use Map small scale amendment from Single Family Residential Use to Public/Semi-Public Use. The motion carried with members voting unanimously. OTHER BUSINESS: 1. Staff congratulated the members of the Planning and Zoning Board who had completed their first year of service on the board. ADJOURNMENT: The meeting was adjourned at approximately 8:09 p.m.
Page 7 of 7 Philip Weinberg, CHAIRMAN Attest: Chandra Powell, SECRETARY Quasi-Judicial Proceeding.